Disposed

Liyakat Ali Son of Shri Abdul Kadeer, v. State of Rajasthan

Rajasthan HC8 Jan 2024CRLMP/48/2024

Case brief

AI extract

What is this about?

In this miscellaneous criminal petition under Section 482 Cr.P.C., the petitioner sought directions for proper investigation into an FIR. The High Court relied on Sakiri Vasu and M. Subramaniam cases to note the availability of alternative remedies before the Magistrate.

What did the court decide?

The petition was disposed of with liberty to apply to the concerned Magistrate.

Liyakat Ali Son of Shri Abdul Kadeer, Vs State of… — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JP:991]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 48/2024

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Liyakat Ali Son Of Shri Abdul Kadeer, Aged About 70 Years, Resident Of 67-68 Devli Nagar, Vijaypura Road, Purani Chungi, Agra Road, Jaipur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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Director General Of Police, Rajasthan, Jaipur

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Commissioner Of Police, Jaipur Metropolitan, Jaipur (Raj.)

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S.h.o. Police Station Malpura Gate, District Jaipur City East (Rajasthan)

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----Respondents

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For Petitioner(s) : Mr. Mahesh Gupta For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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08/01/2024

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This misc. petition has been filed by petitioner-complainant under Section 482 Cr.P.C., seeking directions for fair, proper, impartial and expedite investigation in FIR No.629/2023 registered at Police Station Malpura Gate, Jaipur City (East) for offences u/s, 420, 467, 468, 471, 34 and 120-B of IPC.

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From perusal of the FIR, it is clear that the complaint was initially registered in the Court of Additional Chief Metropolitan Magistrate No. 17, Jaipur Metropolitan which was sent to concerned Police Station and thereupon, instant FIR has been registered.

(2 of 2)

[2024:RJ-JP:991]

[CRLMP-48/2024]

3. The Apex Court in the case of Sakiri Vasu Vs. State of

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Uttar Pradesh [(2008) 2 SCC 409] , held in para 27 as under:-

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“27.As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly (Though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the Police, or after being registered, proper investigation has not been done by the Police. For this grievance, the remedy lies under Section 36 and 154(3) before the Police officers concerned, and if that is of no avail, under Section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482 Cr.P.C.”

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Again in M. Subramaniam Vs. S. Janaki [(2020) 16 SCC

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728] , a three Judges’ Bench of the Hon’ble Supreme Court reiterated the view taken in the case of Sakiri Vasu (supra).

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In view of afore-discussed proposition of law, the petitioner has an alternative remedy to ensure proper investigation on the FIR before the concerned Magistrate under Section 156(3) Cr.PC, therefore, the petitioner wants to avail the remedy before the concerned Magistrate, in case issue is still survive.

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Accordingly, the present misc. petition is disposed of with the liberty as prayed for. Needless to observe that in case any such application is filed by petitioner, the concerned Magistrate shall proceed thereupon, following the ratio decidendi expounded by the Apex Court in case of Sakiri Vasu (supra).

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All pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

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SOURAV/SACHIN/374

Liyakat Ali Son of Shri Abdul Kadeer, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Liyakat Ali Son of Shri Abdul Kadeer, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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